The purpose of this new rule is to provide the definition of gross immorality and acts of moral turpitude as related to the education profession. The effect of this new rule is to define gross immorality and acts of moral turpitude as related to ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.083Standards Relating to Gross Immorality and Acts of Moral Turpitude

PURPOSE AND EFFECT: The purpose of this new rule is to provide the definition of gross immorality and acts of moral turpitude as related to the education profession. The effect of this new rule is to define gross immorality and acts of moral turpitude as related to the authority of the Education Practices Commission to impose penalty against an educator’s certificate and to the Commissioner’s authority to engage in a Deferred Prosecution Agreement with an educator.

SUMMARY: The rule establishes definition of what acts or conduct are grossly immoral or acts of moral turpitude for the purpose of discipline against a Florida educator’s certificate.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule provides a definition of terms and does not impose any new or additional regulatory costs and should not have any adverse impact on economic growth, business competitiveness or any other factors listed in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(2)(n), 1012.795(1)(d), 1012.796(3) FS.

LAW IMPLEMENTED: 1012.795(1)(d), 1012.796(3) FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: September 29, 2014, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Conference Room, Tampa, Florida 33607

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Marian Lambeth, Professional Practices Services, Florida Department of Education, 325 West Gaines Street, Suite 224-E, Tallahassee, Florida 32399-0400

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-10.083 Standards Relating to Gross Immorality and Acts of Moral Turpitude.

(1) For the purpose of Section 1012.795(1)(d), Florida Statutes, the term gross immorality shall be defined as any of the following:

(a) Any act or omission, regardless of whether the individual is charged with or convicted of any criminal offense, which would constitute a felony or a first degree misdemeanor under the laws of the State of Florida or any other state or U.S. Territory, or under the laws of the United States of America, which is inexcusable and offends the generally accepted moral standards of the community. The following factors shall be considered in determining whether an act or omission rises to the level of gross immorality:

1. The educator’s dishonesty or deception;

2. The educator’s use of violence;

3. The educator’s negligence;

4. The educator’s recklessness;

5. The educator’s disregard for human life or safety;

6. The educator’s deliberation, premeditation or contemplation of an act;

7. The age, abilities and/or limitations of victim(s); and

8. The harm or injury or insult to the victim, regardless of the educator’s intent.

(b) Any act or omission resulting in the falsification of any document or information submitted by an educator with the intent to induce the Florida Department of Education to issue, reissue, or renew a Florida educator’s certificate.

(c) Any act or omission which involves physical or mental abuse or neglect of a child regardless of whether any physical or mental injury results from the act or omission.

(d) Any act or omission which deprives any student of his/her legal right to education benefits to which he/she is entitled under law.

(e) Any act or omission which would bring dishonor, disrepute, or disgrace to the education profession.

(f) Any act or omission that is inexcusable and which would offend the generally accepted moral standards of the community considering the factors listed in paragraph (1)(a) of this rule.

(2) For the purpose of Section 1012.795(1)(d) and 1012.796(3), Florida Statutes, Moral Turpitude shall be defined as conduct that is evidenced by an act of baseness, vileness, or depravity in the private or social duties, which according to the accepted standards of the time, a man owes to his or her fellow man or to society in general, and the doing of the act itself and not its prohibition by statute fixes the moral turpitude.

Rulemaking authority 1001.02(2)(n), 1012.795(1)(d), 1012.796 FS. Law Implemented 1012.795(1)(d), 1012.796 FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brian Dassler, Deputy Chancellor, Educator Quality

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 26, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 26, 2014